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Reinventing Bankruptcy Law offers the first historical account of the CCAA, drawing on a broad array of historical sources including legislation, news sources, scholarly writing, archival materials, and more.
This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels. The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, cryptocurrencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically examining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instrument for all researchers investigating these matters, besides policymakers and their advisers as well as all lawyers active in the field of economic law who look for a new perspective on the subject matters dealt with.
Written in a user-friendly style, the book is intended for lawyers and businesspersons alike and provides invaluable and straightforward understanding of key suitabilty, preparation and advocacy issues in mediation.
Bankruptcy Litigation and Practice: A Practitionerand’s Guide, Fourth Edition serves as the comprehensive reference on bankruptcy litigation topics for legal practitioners in all specialties. For the generalist and commercial law practitioner it clarifies basic Bankruptcy Code issues and practical features of bankruptcy litigation including consumer bankruptcies, business and corporate reorganizations, liquidations and personal debt restructuring. For the bankruptcy professional, it serves as a sophisticated compendium of reliable forms, recent case law, and statutory amendments relating to all major bankruptcy topics including: Automatic stay Preferences Dischargeability Executory contracts The Chapter 11 confirmation process Appellate procedures Chapter 13 individual debt restructurings The rights and obligations of secured and unsecured creditors And much more! Only Bankruptcy Litigation and Practice: A Practitionerand’s Guide delivers instant access to: An exclusive collection of key bankruptcy litigation resource materials Practical insights into the bankruptcy court system A consolidated presentation and analysis of bankruptcy provisions common to all cases Reliable, practice-based coverage of Chapter 7, 11, 12, and 13 cases Bankruptcy Litigation and Practice: A Practitionerand’s Guide delivers broad coverage that keeps you completely current with the latest law in all key areas. Updated twice annually, this one-of-a-kind reference serves as the foundation of your bankruptcy library by providing: The starting point for researching the widest range of bankruptcy litigation issues A guide throughout all stages of bankruptcy litigation A consolidated resource and practical tool that combines case law and analysis as well as a valuable CD-ROM to help you navigate familiar and unfamiliar areas of bankruptcy litigation
The role of Chief Operating Officer is clearly important. In fact, it's arguable that the number two position is the toughest job in a company. COOs play a critical part in executing the strategies developed by top management. And, in many cases, they are being groomed—or test-driven—as the firm's CEO-elect. Riding Shotgun provides unique insight into this little-understood role. The authors develop a framework that illustrates who the COO is, why a company should create this position, and what the challenges associated with this job entail. Drawing heavily on first-person accounts from top executives, the authors offer a set of strategies to inform individuals who aspire to serve as COO. With a new preface and conclusion, and even more interviews from some of the most established and important companies in today's economy, this book is a one-of-a-kind resource for the C-suite and the boardroom.
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.
This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.